For the purposes of the present Convention, a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier.
-UN Convention on the Rights of the Child
Overview of Article 1
Article 1 defines the child as a human being who is below the age of 18 years[1]. Majority is set at 18 years unless, under domestic law, majority is attained earlier. With regard to the beginning of childhood, the Working Group were divided between a definition recognising a child either from the point of conception, or from birth [1]. The conflict was resolved by removing any reference to the start of childhood. On the termination of childhood, an upper age had to be defined. Because childhood is a social construct, there is no shared legal definition [2]. The Committee contemplated the cultural differences in definitions of childhood, with majority being obtained much earlier in some States. A consensus was forged over a definition that a human being is a child until the age of 18 years. However, the opportunity for attaining majority earlier was retained in the text of Article 1, and in this way, the text seeks to accommodate existing cultural and religious diversities reflected in national age limits [3]. The Convention therefore is prescriptive, but not inflexible in defining childhood.
The whole range of rights in the CRC contribute to recognition of the autonomy of the child, and serve to both strengthen capacities and acknowledge their evolving capacities to participate. The age of 18 years is an overarching standard fixed by Article 1 with the intention to raise “the age under which the child is entitled to special protection”. Notwithstanding, in line with Article 1, children, because they are under the age of 18 years will always be entitled to the special protection foreseen in the CRC [2]. All human rights treaties apply to children but at the international level, only the Convention defines the child.
[1] Article 1 is “the first definition of the child in international law.” N. Vuckovic-Šahovic et al., The Rights of the Child in International Law. Stämpfli Verlag, 2012, p.85. S. Detrick, A Commentary on the United Nations Convention on the Rights of the Child. Martinus Nijhoff, 1999, pp. 51-66, pp. 52.
Core attributes of Article 1
The core attributes of Article 1 are:
- Ages of majority
- Accommodation of differential ages
Each of these attributes can be measured in terms of structural or process implementation or in terms of outcomes achieved through implementation as outlined in the table below. Some indicators, for instance the structural ones, may be common to all attributes. An attempt has been made to balance the use of objective and subjective data indicators as well as qualitative and quantitative ones.
Article 1 does not articulate any specific rights but merely defines the age in which the term “child” is applicable. Therefore, we have interpreted this article within its provisions, and all other issues about various age limits are covered under their relevant articles (e.g. age of employment and end of school provisions are covered under Article 28; evolving capacities are discussed under Article 5).
Relevant provisions within the SDGs
- Goal 5: Achieve gender equality and empower all women and girls.
- Target 5.3 Eliminate all harmful practices, such as child, early and forced marriage and female genital mutilation.
- SDG indicator 5.3.1 Proportion of women aged 20–24 years who were married or in a union before age 15 and before age 18.
- Target 5.3 Eliminate all harmful practices, such as child, early and forced marriage and female genital mutilation.
Potential sources of data for users of the indicators sets
- Ministries and organizations for youth and children affairs
- National legislation
References used for the overview
- Office of the United Nations High Commissioner for Human Rights (OHCHR). (2007). Legislative History of the Convention on the Rights of the Child. (Vol. 1, pp.301-313). New York, United States of America and Geneva, Switzerland: United Nations. Retrieved from https://resourcecentre.savethechildren.net/library/legislative-history-convention-rights-child-volume-1
- Vuckovic Sahovic, S., Doek, J.E. & Zermatten, J. (2012). The rights of the child in international law. Rights of the child in a nutshell and in context: all about children’s rights (1st ed., pp. 1-18, 85-87). Berne, Switzerland: Stampfli Verlag AG.
- Van Bueren, G. (1995). The International Law on the Rights of the Child. (p.37). Dordrecht, The Netherlands and Boston, United States of America: Brill, Martinus Nijhoff Publishers
References used to create indicators
- United Nations Committee on the Rights of the Child. (2003). General comment No. 5 (2003) on the general measures of implementation of the Convention on the Rights of the Child (CRC/C/GC/2003/5). Retrieved from https://www.refworld.org/docid/4538834f11.html
- United Nations Committee on the Rights of the Child. (2005). CRC General Comment No.7 (2005), Implementing child rights in early childhood (CRC/C/GC/7). Retrieved from https://www.refworld.org/docid/460bc5a62.html
- United Nations Committee on the Rights of the Child. (2016). General Comment No.20 (2016) on implementing the rights of child during adolescence (CRC/C/GC/20). Retrieved from https://www.refworld.org/docid/589dad3d4.html
Glossary/key words
Age of majority
“Legal age at which political, economic and other forms of participation begin, typically attained at a certain age. Countries vary in the designation of the age of majority. For example, age of majority can be attained by marriage or military service. Under Article 1 of the CRC once a person turns 18 years of age the provisions are no longer automatically applicable to them. The provision of the article allows those States Parties in which a child below the age of 18 years can attain majority to retain that age as the upper age limit for the automatic application of the rights set forth in the CRC” (UNICEF Innocenti Research Centre, 2000).
Emancipation
Emancipation is a term that generally describes the transition from ‘minor’ to ‘adult’ in which the child becomes free from parental control, and the parents are no longer legally responsible for the acts of the child. An emancipated person may legally sign binding contracts; marry without parental permission; give medical consent; and enjoy the many other manner of social, legal and financial benefits and obligations of an adult. Depending on the state and other considerations, emancipation usually occurs at the age of 18. (CRCkids, n.d.).
Emancipation does not, necessarily mean ‘legal majority’, and may be granted earlier (when the minor is at least sixteen years old, living apart from the parents with their consent, have a legal source of income and able to manage their finances) or at a later age, (for instance when the child is mentally or physically challenged and unable to support themselves or make desicsions” (CRCkids, n.d.).
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